Patna High Court
Dhonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding procedural lapses in the seizure and that the quantity involved was not commercial.
Summary
The petitioner, Dhonu Kumar, applied for bail in a case registered under Sections 21(c), 27, 29 and 35 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that the seized narcotics (poppy seeds, tablets and pentazocine) were not in his possession and that the seizure violated Section 105 of the Bihar Narcotic Substances Act. He further contended that the quantity recovered was below the commercial threshold and that he had been in judicial custody since 16 January 2026. The State opposed the bail, maintaining that the seizure was lawful and the offences were cognizable. After hearing both sides, the Court found merit in the petitioner's claim of procedural irregularity and the non‑commercial quantity, and consequently ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail order was directed to be executed by the Sessions Judge‑cum‑Special Judge (NDPS) in Darbhanga.
Issues considered
- Whether the petitioner is entitled to bail despite alleged possession of narcotics under the NDPS Act.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the quantity of narcotics recovered qualifies as 'commercial quantity' under the NDPS Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 27, 29, 35
Subjects
- bail
- NDPS Act
- drug possession
- commercial quantity
- procedural lapse
- Section 105
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28882 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Dhonu Kumar Son of Late Lalan Baitha R/O Village- Belwaganj, P.S.-
Laheriasarai, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Das, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Laheriasarai P.S. Case No. 16 of 2026 registered for the
offence punishable under Sections 21(c), 27, 29, 35 of the
NDPS Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, Pyeevan Spas plus 120 tablets
and pentazocine injection 30 mg were found.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.28882 of 2026(2) dt.05-05-2026
2/2
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that the alleged recovery of contraband which has been
recovered is less than commercial quantity. Moreover, the
petitioner is languishing in judicial custody since 16.01.2026
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge (NDPS Act), Darbhanga in
connection with Laheriasaria P.S. Case No. 16 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.